Seanad debates

Thursday, 28 September 2017

Commencement Matters

Courts Service

10:30 am

Photo of Damien EnglishDamien English (Meath West, Fine Gael) | Oireachtas source

It is okay, a Chathaoirligh. I can take plenty of bullets. As this is not my line Department, I do not have all the details of the case, but I would seriously doubt that the reply is factually wrong. Generally, Departments are quite good when it comes to factual information. I have no problem in consulting the Minister on this matter and I will ask him to engage with and to write to the Senator on this matter.

I want to make it clear that I have a similar view to that of the Cathaoirleach on this issue. It is one that could be examined. The Chief Justice made those comments and, clearly, there is the independence of the courts to make judgements in these cases. There is more to this than merely the Department giving a factual position on the matter. It is an area of interest to myself, given my previous role in the Department with responsibility for enterprise. I agree with the Senator that some companies, when it comes to intellectual property, can face great difficulty. We must always try to help them as best we possibly can, but there is more than one way of addressing that.

On the factual matter, I cannot put my hand on heart and say I am absolutely right in what I have given the Senator, but I would be very surprised if there are any factual errors in the reply from the Department. I will get the Minister to write to the Senator on that as well.

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